my ex refuses to let me in one of the properties we both own. what can i do legally to make him understand that the title in on both names and i am an owner as much as he is. we are not married. have been together for over 25 years.
We recently purchased a foreclosed property in Palm Beach County, Florida. There are squatters currently occupying the house, and we are attempting to evict them. We were issued a self service packet with forms for unlawful detainers. The forms mention nothing regarding a 3 day notice, nor do they... View More 
answered on Jun 22, 2020
You would not need to file a separate lawsuit for unlawful detainer. I would recommend hiring an attorney to file a motion for a writ of possession in the original foreclosure case as a 3rd party purchaser.
I have not lived in the home for 11 years. About 5 years my ex was having issues paying the home. The mortgage company refinanced it through the making homes afordable program. Part of the qualification for that is I couldn't live in the house.They told me to have a qc deed filed to remove... View More
answered on Jun 4, 2020
When you sign a quit claim deed, it does not remove your name from the mortgage.
I have a mortgage loan with my ex wife. The loan Is With Regions bank. They won't do an assumption or refinance. They told me I have to go through court to have name removed. How do I do that? Property is in chipley, fl
answered on Jun 1, 2020
An assumption or refinance are the only options to remove a name from a mortgage.
she wants us to handle it all and I do not really know where to start. I have been told I do not need a lawyer or realtor, please advise.
answered on May 29, 2020
Sales contract, followed by due diligence period, followed by closing with title search and insurance.
answered on May 28, 2020
Yes, in FL, code enforcement liens stay with the property and are not wiped out via foreclosure.
We would like to put the home on both names but also make sure the home belongs to the other person in case of death to make sure nobody else can get the home
answered on May 27, 2020
Since you are not married, a Lady bird deed may be another good option.
My mother signed as a non-occupying co-borrower when I bought my house. Last night she told me she is going to rent my house to me through a realtor so that it looks like it's income if she wants to buy a house. I live in the house, pay all the bills. She literally has nothing to do with the... View More
answered on May 21, 2020
How do I remove a non-occupying co-borrower from my mortgage?
Refinancing is the best option.
Would the buy out cost be the remainder of the mortgage or half of the current market value? Any information would be helpful. Thank you, sincerely
answered on May 20, 2020
The other owner is not legally required to accept a buyout. If a buyout were to occur, most parties want the purchaser to refinance the mortgage in their name only plus cash for ~1/2 the equity. A partition action may also be a option. See my website for more information regarding a partition... View More
I quit claimed deed, Im not on note but on mortgage . What could happen if house id foreclosed on? Would I have repercussions because of it?
answered on May 19, 2020
If you are not on note, then you are not financially obligated for the debt. With that being said, a foreclosure may still show up on your credit report.
i am asking as a homeowner my hoa for a repayment or forebearance payment plan with condo association they denied any type of repayment plans related due to covid 19
Can 1 of those joint tenants transfer their interest to a third person without the other joint tenant's signature?
I live in Land O Lakes, FL. My mother passed away in November. We have lived in the same house together since the house was built in 1998. We have a quitclaim deed written as joint tenants with full rights of survivorship.
I have continued to pay the mortgage, on time, but recently... View More
My former roommate got married, bought a house, and moved out of my house. However, she left a LOT of things here. She keeps saying that she'll come and get them, but she hasn't yet. She was paying rent while she was living here, and after a recent argument, she paid rent for another... View More
answered on May 2, 2020
You will need to file an eviction lawsuit to remove the belongings.
I have a house that I rent out a studio. The lease was up 2 months ago and the tenant was paying month to month without me renewing the lease. Last month I caught her smoking marihuana ( she showed me her medical marihuana license) but my lease agreement states no smoking allowed so I asked her to... View More
answered on Apr 5, 2020
Legally, you can start the eviction process for non-payment of rent. However, most counties will not complete the process by executing a writ of possession (aka removing her from the property) due to the pandemic.
Due to the coronavirus we wish to cancel the purchase of the Georgia home and are afraid of the financial repercussions or the seller and broker suing us. Can we legally get out of the real estate contract due to the coronavirus?
answered on Mar 18, 2020
Georgia contract = Georgia attorney. A Georgia attorney would need to review the contract for your legal options.
The cat has behavioral problems that don't endanger anyone but are annoying. My son does not pay rent. The cat belongs to him, the house belongs to me, and he gets his mail here. I have not yet decided to tell him the cat must leave but if I do I'm sure he will do anything to prevent it... View More
answered on Jan 27, 2020
If your son does not pay rent, you would need to file an unlawful detainer lawsuit.
I bought a house with my boyfriend and we got married the next year. Now we are separating. Our loan is behind about 3 years of payments. We filed bankruptcy a couple of years ago and we are no longer liable for the debt. The bankruptcy lawyer told us that the bank would want to foreclose on the... View More
answered on Jan 27, 2020
No, a quit claim deed does not remove your name from the mortgage.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
